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2001 Review Granted affirmative defense alleged amended appellate apply attorney's Cal.4th Cal.App.4th Cal.Rptr Cal.Rptr.2d California California Constitution cause of action cause remanded charged Citation claim Code section conduct constitutional convicted counsel County Court of Appeal crime decision defendant defendant's determine district attorney Ellis Act employee evidence fact filed Granted Opinions Pamphlet injury instruction issue jurors jury jury nullification juvenile legislative Legislature liability Marentez Medtronic motion negligence offense officer Pamphlet to permit parties permit tracking pending person petition Petitioner petn plaintiff probable cause hearing prosecution prosecutor provides public policy pursuant reasonable remanded to Ct reoffend Reprinted without change review and disposition Review dism Review Granted Opinions Rules of Ct S.Ct sentence sexually violent predator statute statutory subd subdivision summary judgment Superior Court supra Supreme Court Supreme Ct testified tion tracking pending review Trader Joe's transferred intent trial court victim violation